What does 49 CFR 391.62 (Limited exemptions for intracity zone drivers) require?
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Short answer
To qualify for a limited exemption under 49 CFR 391.62, a driver must meet specific conditions, including operating wholly within an exempt intracity zone and not transporting hazardous materials in a quantity requiring placarding. The exemption applies to drivers who were qualified to operate a commercial motor vehicle in a municipality or exempt intracity zone throughout the one-year period ending November 18, 1988, and who meet other requirements outlined in the regulation.
The rule says
"The provisions of 391.11(b)(1) and 391.41(b)(1) through (b)(11) do not apply to a person who: (a) Was otherwise qualified to operate and operated a commercial motor vehicle in a municipality or exempt intracity zone thereof throughout the one-year period ending November 18, 1988; (b) Meets all the other requirements of this section; (c) Operates wholly within the exempt intracity zone (as defined in 49 CFR 390.5); (d) Does not operate a vehicle used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary under 49 U.S.C. chapter 51." (49 CFR 391.62)
In plain English
This exemption is for drivers who operate commercial motor vehicles within a specific geographic area, known as an exempt intracity zone, and who meet certain conditions. To qualify, a driver must have been operating in this zone since before November 18, 1988, and must not transport hazardous materials in quantities that require placarding. The exemption allows these drivers to operate without meeting certain federal requirements, such as those related to medical certification and background checks. However, they must still comply with other safety regulations and operate within the designated zone.
What to do
- Review the driver's qualifications and operating history to determine if they meet the exemption criteria.
- Ensure the driver operates wholly within the exempt intracity zone and does not transport hazardous materials in quantities requiring placarding.
- Maintain records of the driver's qualifications and operating history to demonstrate compliance with the exemption requirements.
- Verify that the driver meets all other requirements outlined in 49 CFR 391.62.
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